Artificial Intelligence Law Insights That Will Make You Think

Technology & Software

by | Apr 18, 2019

Artificial Intelligence Law

There’s been some interesting news out there about artificial intelligence law. That includes the AI technology itself. It is about whether it should be subject to self-regulation. This is industry regulation, so it’s the industry regulating itself.

Or if it should be standard regulation which would mean imposed by the government. This could be by the federal, state, or local government. In my view right now, AI is so embryonic. Until it’s used at a mass market level, it makes sense to start with self-regulation. This creates appropriate trade industries. It makes sure that there are some norms in place. We could then see what AI can and cannot do, where we should or should not use AI before we get to actual legislation.

Now having said that, there are some interesting bills before Congress. The NTSB has one that’s been in both houses of Congress for some time now. It is on regulating automotive vehicles. The FAA has enacted certain regulations as it relates to regulating drones. So far, regulations haven’t caught up to the practicalities of application. in using the automated vehicles. This applies to on the road or drones for example.

Self-Regulation – Is It Better?

We’ve identified soft spots in the regulations out there. So, self-regulation is the better approach. This is because the manufacturers, the programmers, the companies already have that incentive. They want to ensure the proper use of AI. Also, they want to develop proper parameters and that we adhere to the rules of engagement. They want to use the AI in a way that’s productive and safe to our society. It also gives the legislatures time to catch up with how to regulate all these new technologies.

Part of the challenge with AI is new technologies developing every day. There’s no way for our laws to stay on pace with that type of growth. So, I would start with a foundation of a self-regulated industry group. Then after that layer, actual regulations. AI has tremendous importance at the federal and foreign policy levels of government. And we need to focus on funding. For example, national defense, you may have heard or read about, robotic use for the Army. Of course, we’ve had drones in place, aerial drones that is, in many theaters, throughout the world. So, continuing to fund those programs is important.

Artificial Intelligence Law

In the end, it keeps Americans safe. It keeps our troops out of harm’s way. In my view, it also helps with foreign policy. This is because it can act as a deterrence to any aggressive behavior from a rogue state or a rogue group. It ensures that we focus on funding for the right types of AI. We’re making an effort to be number one in the world and to set the benchmark there. So, we should be prioritizing funding in Congress much more than it is today. There have been notable shortcomings with AI in the news.

Artificial Intelligence Law Matters when AI Malfunctions

There have been several incidences with vehicles involving AI malfunctions or improper use. Statistics show that human beings are the actual weak link in the accident causal chain. And computers are generally safer and more reliable. This is in regards to decision making and execution. Computers are better at this than human beings. This is because they’re not subject to a lot of the limitations that we have. They’re not subject to emotional decision making. They’re not subject to impairment. This is whether from inebriation or some other physical impairment.

There are issues with automotive technologies and drones. Despite this, it’s still part of the growing pain of any new technology. I’m sure we all remember the internet. 10 years ago it’s very different, it was very different than it is today. It also has a different regulation than it was back then. So, continuing to have faith. Allow the companies and the programmers to do their job. That will allow us to reap the benefits of AI technology. It’ll also permit the laws to catch up because, from a legal point of view, we’re not quite there yet. There’s a lot of questions to ponder and we still need to address them.

Author

  • Ismail Amin

    Ismail’s legal experience encompasses serving Fortune 500 companies, mid-sized privately held companies, and entrepreneurs. He presently serves as Corporate and Litigation Counsel to large and mid-sized businesses throughout California, Nevada, Texas, North Carolina, and New York as well as General and Personal Counsel to high-profile hospitality operators in California and Nevada. Ismail’s practice emphasizes Business and Intellectual Property matters, with a focus on healthcare, biopharmaceuticals, biotechnology, and hospitality. Ismail has counseled the firm’s healthcare provider clients in acquiring or selling assets while maximizing return and minimizing risk. He has helped clients acquire or sell over $1 billion worth of healthcare-related assets, including hospitals.